FILED JUN 25 2014 STATE OF NEVADA TRACIE K. LINDEMAN CLERK OF SUPREME COURT STANDING COMMITTEE ON JUDICIAL ETHICS CHIEF DEPUTY CLERK DATE ISSUED: June 25,2014 A NEVADA JUDGE'S SERVICE AS AN AIR FORCE RESERVE JUDGE ADVOCATE CONSTITUTES EXTRAJUDICIAL ACTIVITY Is a judge engaging in extrajudicial activities within the context of Canon 3 when serving as an officer of the United States Air Force Reserve, regardless of the particular reserve assignment? ANSWER Yes, a judge's service as a reservist in the United States Air Force Judge Advocate General's Corps is extrajudicial activity under Canon 3 of the Revised Nevada Code of Judicial Conduct. FACTS A justice of the peace asks whether a Nevada judicial officer engages in extrajudicial activities when serving as a reserve judge advocate in the United States Air Force. The judge currently serves as an Individual Mobilization Augmentee (IMA) reservist and, as such, is assigned to augment an active duty office when performing reserve duties. In augmenting an active duty office, the reservist may perform duty at various locations around the world at the direction of the Judge Advocate General. TRACIE 1<. LINDEMAN CLERK OF SUPREME COURT DEPUTY CLERK 1 ADVISORY OPINION: JE14-003 DISCUSSION The Committee is authorized to render advisory opinions evaluating the scope and applicability of the NCJC. Rule 5 of the Rules Governing the Standing Committee on Judicial Ethics. Accordingly, this opinion is limited by the authority granted by Rule 5. Canon 3 of the NCJC states: "[a] judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office." Rule 3.1 (A) further provides that: "[a] judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not: (A) participate in activities that will interfere with the proper performance of the judge's judicial duties." Further, Rule 2.1 provides: "[t]he duties of judicial office, as prescribed by law, shall take precedence over all of a judge's personal and extrajudicial activities." In a prior opinion, this Committee advised that a sitting judge's service as a reserve member of the Judge Advocate General Corps in another state did not violate Canon 4G (now Rule 3.10) which precludes a judge from practicing law. JE07-007. The opinion, however, did not address the question raised here of whether duties performed as a United States Air